Bill C-78 (Historical)

An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act and the Garnishment, Attachment and Pension Diversion Act and to make consequential amendments to another Act

This enactment amends the Divorce Act to, among other things,
(a) replace terminology related to custody and access with terminology related to parenting;
(b) establish a non-exhaustive list of criteria with respect to the best interests of the child;
(c) create duties for parties and legal advisers to encourage the use of family dispute resolution processes;
(d) introduce measures to assist the courts in addressing family violence;
(e) establish a framework for the relocation of a child; and
(f) simplify certain processes, including those related to family support obligations.
The enactment also amends the Family Orders and Agreements Enforcement Assistance Act to, among other things,
(a) allow the release of information to help obtain and vary a support provision;
(b) expand the release of information to other provincial family justice government entities;
(c) permit the garnishment of federal moneys to recover certain expenses related to family law; and
(d) extend the binding period of a garnishee summons.
The enactment also amends those two Acts to implement
(a) the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children, concluded at The Hague on October 19, 1996; and
(b) the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, concluded at The Hague on November 23, 2007.
The enactment also amends the Garnishment, Attachment and Pension Diversion Act to, among other things,
(a) give priority to family support obligations; and
(b) simplify the processes under the Act.
Finally, this enactment also includes transitional provisions and makes consequential amendments to the Criminal Code.

Business of the House

[Bardish Chagger, Liberal, Leader of the Government in the House of Commons]

Mr. Speaker, this afternoon we will continue second reading of Bill C-78, the family justice act. Tomorrow we will begin debate at third reading of Bill C-79, the comprehensive and progressive agreement for trans-Pacific partnership implementation act.

Next week, members will be working with Canadians in their ridings. When we return, we will begin debate on Senate amendments to Bill C-65, the harassment prevention act. Priority will then be given to the following bills: Bill C-77 on the Victims Bill of Rights and Bill C-82, the multilateral instrument in respect of tax conventions act.

Lastly, I would like to take this opportunity to wish all of my colleagues and their families a happy Thanksgiving.

Bill C-78—Notice of time allocation motion

[Bardish Chagger, Liberal, Leader of the Government in the House of Commons]

Madam Speaker, while I am on my feet, an agreement could not be reached under the provisions of Standing Order 78(1) or 78(2) with respect to the second reading stage of Bill C-78, an act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act and the Garnishment, Attachment and Pension Diversion Act and to make consequential amendments to another act.

Under the provisions of Standing Order 78(3), I give notice that a minister of the Crown will propose at the next sitting a motion to allot a specific number of days or hours for the consideration and disposal of proceedings at the said stage.

Business of the House

[Bardish Chagger, Liberal, Leader of the Government in the House of Commons]

Mr. Speaker, this afternoon, we will continue debate on the NDP opposition motion.

Tomorrow, we will start the second reading debate on Bill C-82, the multilateral instrument in respect of tax conventions act.

Monday, we will resume second reading debate of Bill C-77 on the Canadian Victims Bill of Rights and of Bill C-78, the family law act.

Next Tuesday, October 2, shall be an allotted day.

Finally, for the rest of the week, priority shall be given to report stage and third reading of Bill C-79, the CPTPP implementation act; and the Senate amendments to Bill C-65, the framework for the prevention of harassment.

[Bardish Chagger, Liberal, Waterloo, ON]

Mr. Speaker, we hope to begin debate on Bill C-78, an act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act and the Garnishment, Attachment and Pension Diversion Act and to make consequential amendments to another act, next week.

Next Tuesday and Thursday will be allotted days.

Lastly, Mr. Speaker, I would like to inform you that there have been discussions among the parties, and I believe you will find unanimous consent for the following motion: That, notwithstanding any Standing Order or usual practice of the House, when the House adjourns on Thursday, November 8, 2018, it shall stand adjourned until Monday, November 19, 2018, provided that, for the purposes of Standing Order 28, the House shall be deemed to have sat on Friday, November 9, 2018.

[Bardish Chagger, Liberal, Leader of the Government in the House of Commons]

Mr. Speaker, this afternoon we will continue third reading debate of Bill C-71, the firearms legislation. Tomorrow, we will have second reading debate of Bill C-77, the victims bill of rights.

On Monday, we will return to the second reading of Bill C-81, an act to ensure a barrier-free Canada. We also hope to start debating Bill C-78.

Justice

[Jody Wilson-Raybould, Liberal, Minister of Justice and Attorney General of Canada]

Mr. Speaker, this morning I was pleased to introduce Bill C-78 and the accompanying charter statement.

We know that separation and divorce impact the lives of millions of Canadians and can be challenging for families, particularly for children. That is why Bill C-78 focuses on the best interests of the child first, reducing conflict, addressing family violence, and encouraging parents and former spouses to meet their family support obligations.

[Colin Fraser, Liberal, West Nova, NS]

Mr. Speaker, more Canadians are touched by family law than any other area of law.

Thanks to data from the 2015 census, we know that as many as two million Canadian children live in separated or divorced families, yet family laws in Canada have not been substantively amended for over 20 years.

Can the Minister of Justice please explain how Bill C-78 will strengthen and modernize the family justice system in Canada?